Immigration to Canada

[UStoCanda]

Hello All,

I am planning to apply for a Canadian PR. I live in the US with a valid H1-B Visa, but would like to apply for a Canadian PR as a backup. I satisfied the point limit eligibility. I however had a few Questions:-

1) I have a Wet Reckless (DUI reduced because BAC was 0.07) in 2007 and currently on 2 years probation.
> I read that you need at least +5 years of clearance after the end of the sentence/probation. So does that mean --> 2007 + 2yrs + 5yrs ?
> yes/no ... what are my options ?

2) What's the difference between Skilled workers -> i)federal and ii) Quebec (the processing times for Quebec seem to be faster)

I would appreciate your comments on my situation.

Thanks.

 

[edgy555]

1) If the reckless driving was recorded as a felony, you probably need to have it cleared before you try to immigrate to Canada.

2) Agree with above. The Quebec process is not necessarily faster and you can get bounced out of the process if it's deemed you're using Quebec as a "back door" to English Canada. So, the only reason to choose it is if you want to live in Quebec.

 

[NewYorker]

Hello All,

I am planning to apply for a Canadian PR. I live in the US with a valid H1-B Visa, but would like to apply for a Canadian PR as a backup. I satisfied the point limit eligibility. I however had a few Questions:-

1) I have a Wet Reckless (DUI reduced because BAC was 0.07) in 2007 and currently on 2 years probation.
> I read that you need at least +5 years of clearance after the end of the sentence/probation. So does that mean --> 2007 + 2yrs + 5yrs ?
> yes/no ... what are my options ?

2) What's the difference between Skilled workers -> i)federal and ii) Quebec (the processing times for Quebec seem to be faster)

I would appreciate your comments on my situation.

Thanks.

1. Yes, 2 + 5, meaning five years starts after the probation period is over.
2. I agree with rupeshhari

 

[UStoCanda]

1) If the reckless driving was recorded as a felony, you probably need to have it cleared before you try to immigrate to Canada.

It's a misdemeanor, only had to pay fine and do 12 hrs class.

Seems from other people's comments that I need to wait for 5 years after probation gets over.

 

[NewYorker]

You need to ask this to a lawyer as we are not lawyers. Sometimes, you can rehabilitate and don't have to wait for probation to be over as it was only a misdemeanor. You need to disclose everything on your application and attach rehabilitation certificate if you have one.

Once again, you need to consult a lawyer if you are serious in applying for immigration to Canada.

 

[PMM]

Hi
te author=NewYorker link=topic=14139.msg57917#msg57917 date=1232928835]

Hello All,

I am planning to apply for a Canadian PR. I live in the US with a valid H1-B Visa, but would like to apply for a Canadian PR as a backup. I satisfied the point limit eligibility. I however had a few Questions:-

1) I have a Wet Reckless (DUI reduced because BAC was 0.07) in 2007 and currently on 2 years probation.
> I read that you need at least +5 years of clearance after the end of the sentence/probation. So does that mean --> 2007 + 2yrs + 5yrs ?
> yes/no ... what are my options ?

2) What's the difference between Skilled workers -> i)federal and ii) Quebec (the processing times for Quebec seem to be faster)

I would appreciate your comments on my situation.

Thanks.

Nope his conviction can't be compared to Criminal Code of Canada as for the Canadian equivalent for DWI is over. 08, he blew .07 , so it wouldn't be a conviction in Canada.

PMM

1. Yes, 2 + 5, meaning five years starts after the probation period is over.
2. I agree with rupeshhari
[/quote]

 

[Leon]

Aside from everything everybody else has said, it is not enough to fulfill the points limit for eligibility for skilled worker. According to the new rules, you also need your occupation to be on a list of 38 "most wanted" or you need a job offer. If you don't have either, you can try for Alberta PNP h1b program which allows you, if your occupation is on a different list of most wanted in Alberta, to get PR without having a job offer.

Having a PR as a backup plan, you also need to be aware that once you get the PR, you need to live in Canada for 2 years out of every 5 to keep it.

 

[john5655]

I'm not sure I can agree with PMM on the DUI offence.

Firstly, I am not aware of Canada doing a cross-check on each offence so that an offence in USA (or any other country) is not regarded as an offence for immigration if there is no Canadian equivalent.

Secondly, the guy broke the law in USA, that is an offence, and cannot be mitigated by saying it is minor, or not even an offence in Canada.

Lastly, Canada are very strict on alcohol related offences. I would not rule out the possibility that this offence could disqualify you from entry in Canada under any of their schemes. After all, there are plenty of other applicants with clear records.

 

[BCguy]

PMM is correct,just because it is illegal in US,It doesnt mean its illegal in Canada,I had a case where a wife complained that her husband married her when he was already married to someone else,RCMP told her thats not a crime in Canada and told her to stop bothering them,As far as BC PNP is concerned thats not an issue,But cant say the same for the Feds

 

[Leon]

They probably don't care if he didn't commit the crime in Canada

 

[edgy555]

Well, I did some research and it does seem -- as someone alluded to above -- that the issue is what kind of crime this corresponds to in Canada and whether it would be a criminal offence in Canada. Something which, by the way, the CIC itself says is "not easy" to predict.

In any case, I also found a way for you to get a real answer instead of reading us debating your future. Apparently you can file an "information only" application for rehabilitation. It's free and you'll find out once and for all if Canada considers your crime serious enough to bar your entry (scroll to the bottom of the page):

http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note1

Best of luck to you.

 

[BCguy]

BCGUY, i don't understand, is bigamy not a crime in canada lol?

Bigamy is NOT a crime in Canada,It is grounds for divorce though,Why do you think the Fundamentalist Mormons with 10-20 wives settled in Canada,

 

[PMM]

Hi

BCGUY, i don't understand, is bigamy not a crime in canada lol?

Bigamy is NOT a crime in Canada,It is grounds for divorce though,Why do you think the Fundamentalist Mormons with 10-20 wives settled in Canada,

You may wish to read the criminal code of Canada, it is a crime.

s

Bigamy

290. (1) Every one commits bigamy who

(a) in Canada,
(i) being married, goes through a form of marriage with another person,
(ii) knowing that another person is married, goes through a form of marriage with that person, or
(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or


Punishment

291. (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

PMM

 

[BCguy]

I wish,But the RCMP did not want to handle the complaint of the constituent who I reffered to them and those Mormons up in Golden BC still have those multiple wives,OK I stand corrected,It is a crime but hardly enforced

 

[john5655]

http://www.cic.gc.ca/english/information/applications/guides/5312E3.asp